If you’re going through a divorce, mediation may be an option for you. Spouses are not required to undergo mediation under state law, but doing so can get you on the path to resolution.
If you’re interested in learning more about mediation, discuss it with your divorce attorney.
Meditation is one of the most common forms of alternative dispute resolution. It is a tool frequently used to bring parties together to resolve their issues in several different types of cases, especially divorce.
During mediation, both parties (along with their attorneys if they’re represented) appear before a mediator at an agreed-upon location and time. A mediator is a neutral third party, not a judge. Instead of making decisions for the parties in the case, a mediator’s job is to facilitate easier communication between parties in hopes of reaching an agreement.
If the mediation is successful, the parties can present their agreement to the judge for approval. Additionally, if all points are addressed and resolved, mediation can eliminate the need for trial.
Some states require divorcing spouses to go to mediation before a judge will hear their case. In Michigan, however, there is no requirement for mediation in divorce cases.
Still, judges have the discretion to order spouses to attend mediation if they believe it will be beneficial. Additionally, mediation can be voluntary, meaning either spouse or both spouses can request mediation.
Mediation provides a multitude of advantages over traditional, adversarial divorce. The following are only some of the benefits of taking your case to mediation.
Divorce can be emotional and tumultuous, making it difficult for parties even to consider working together on a resolution. But when you attend mediation, the mediator is available to do whatever is necessary to provide a peaceful, friendly setting.
Divorce is time-consuming and costly, especially when your case ends up going to trial. Mediation can pave the way for more cost-efficient and time-saving resolution.
Unfortunately, when your case goes before a judge, they are the ultimate decision-maker. This takes away some of your power, leaving you at the judge’s mercy.
Alternatively, in mediation, you and your spouse are in control. You can work together to create fair solutions that work for both parties rather than having someone else make these choices for you.
Along the same lines, because spouses can make their own decisions in mediation, statistics show it produces a higher rate of compliance.
When a judge makes decisions, non-compliance is a greater issue for one or both parties at some point. This is especially true when the outcome is less than favorable for either spouse.
Divorce gets ugly. Emotions run high, and many things are said that cannot be taken back. For this reason, divorce can truly sever relationships.
When you share children with your spouse, it’s important to try to protect your relationship, as you know you’ll be in each other’s lives forever. Because mediation can provide a calmer, more cooperative environment, there’s a higher chance of preserving your relationship for the future.
Mediation may be a viable option for your divorce case. If you’re curious about mediation, do not hesitate to speak to your divorce attorney.
At The Smith Law Offices, we offer both legal representation and mediation services. Contact our office today at (734) 729-4465 to schedule your consultation.